Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the allottee was entitled, as of right, to extension of time for construction only on payment of the percentage of premium mentioned in the lease deed, and whether the authority's revised uniform extension charges were arbitrary or beyond the lease terms.
Analysis: The lease deed required construction within three years, but extension was permitted only in exceptional circumstances and on such conditions as the lessor might impose. The clause referring to percentage-based payment indicated only the quantum framework for extension and did not curtail the lessor's discretion to prescribe other uniform charges. The authority had applied the revised policy uniformly across similarly situated allottees, and no discrimination or arbitrariness was shown. No exceptional circumstance was pleaded to justify mandatory extension in favour of the petitioner. A court cannot rewrite or extend a contract.
Conclusion: The petitioner had no enforceable right to extension at the original lease rate, and the authority's demand for revised extension charges was upheld.
Final Conclusion: The writ petition failed because the lease terms left extension to the authority's discretion, and the revised policy was found to be neither arbitrary nor unlawful.
Ratio Decidendi: Where a lease reserves extension of time for construction to the lessor's discretion in exceptional circumstances, the allottee cannot insist on extension at a fixed contractual rate, and a uniformly applied revised charge is valid unless shown to be arbitrary or discriminatory.